Forensic mental health in Kuwait: filling the gaps

Abstract

The case of M’Naghten (1843) laid out the insanity defence test for the British legal system. Later, many countries basing their criminal legislation on the British common law system, including the Criminal Act of Kuwait, adopted the test. The Act forms the basis for forensic psychiatric assessments. Several countries amended their criminal laws to provide a better balance between public safety and human rights protection. However, the Criminal Act of Kuwait remains unchanged for offenders with mental illness since its enactment in the early 1960s, with several gaps concerning the detention mechanisms and the discharge of such offenders. However the Kuwait Mental Health Law (2019) eventually filled these gaps. This paper describes the function of forensic mental health services in Kuwait, discusses and compares the Criminal Act of Kuwait with other nations’ criminal laws and describes the forensic section of the Kuwait Mental Health Law (2019).